Template: Cease-and-Desist Letter with Declaration of Discontinuance (Trademark Infringement)

Below is a simple and professional template for a cease-and-desist letter that can be used to address trademark infringement. This letter includes a demand to stop the infringing activity and a declaration of discontinuance to avoid further legal action.

[Sender’s Address]
[Company Name / Trademark Owner]
[Street Address]
[City, Postal Code]
[Country]

[Date]

To:
[Recipient’s Name / Infringer]
[Company Name (if applicable)]
[Street Address]
[City, Postal Code]
[Country]

Subject: Cease-and-Desist Letter for Trademark Infringement

Dear [Recipient’s Name],

We are writing on behalf of [Trademark Owner], the owner of the registered trademark [Trademark Name], registered under the number [Registration Number] in [Jurisdiction, e.g., Germany or EU], covering goods and/or services in class(es) [Classes].

It has come to our attention that you are using our trademark [or a similar sign, e.g., "Adibas"] in connection with the marketing, sale, or promotion of your goods/services, specifically [describe the infringing activity, e.g., "selling counterfeit sports shoes under the name 'Adibas'"]. This use is unauthorized and constitutes a violation of our trademark rights under Section 14 of the German Trademark Act (MarkenG).

Demand to Cease and Desist

We hereby demand that you:

1. Immediately stop using the trademark[or similar sign] in any form, including but not limited to advertising, selling, or distributing goods/services under this mark.
2. Remove all infringing materials from your website, stores, or marketing channels.
3. Provide written confirmation of compliance with the demands above by signing the enclosed declaration of discontinuance.

Declaration of Discontinuance with Penalty Clause

To avoid further legal action, we require you to sign the enclosed declaration of discontinuance. By signing, you agree:

1. To permanently stop using [Trademark Name or similar sign].
2. To pay a penalty of €[amount, e.g., 5,000] for each violation of this agreement.

Failure to respond or comply with this demand by [Deadline, e.g., 14 days from the date of this letter] will leave us no choice but to pursue legal action, including seeking an injunction, damages, and reimbursement of legal costs.

Next Steps

We urge you to take this matter seriously and resolve it promptly by:

• Ceasing all use of the infringing trademark.
• Signing and returning the enclosed declaration of discontinuance by [Deadline].

If you have any questions or require further clarification, please contact us at [Phone/Email Address].

Yours sincerely,
[Your Name]
[Position, e.g., Legal Counsel]
[Company Name / Law Firm Name]

Enclosure: Declaration of Discontinuance

Declaration of Discontinuance with Penalty Clause

[Recipient’s Name]
[Street Address]
[City, Postal Code]
[Date]

I, [Recipient’s Name / Company Name], hereby acknowledge that:

1. [Trademark Owner’s Name] is the rightful owner of the trademark [Trademark Name], registered under number [Registration Number].
2. I have infringed upon the trademark rights of [Trademark Owner] by using [Infringing Sign] without authorization.
3. I will immediately cease all use of [Trademark Name / Similar Sign] and will not engage in any similar activity in the future.

In the event of a violation of this declaration, I agree to pay a penalty of €[Amount, e.g., 5,000] per violation to [Trademark Owner].

Signed,
[Recipient’s Signature]
[Recipient’s Printed Name]
[Date]

Important Notes:

• Adapt for Specific Situations: Customize the letter based on the facts of the case and the jurisdiction.
• Deadline: Provide a reasonable timeframe (e.g., 14 days) for compliance.
• Legal Advice: Seek professional legal assistance if the situation is complex or involves international jurisdictions.